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VILLAGE OF CAMBRIDGE, ILL. v. HARTFORD ACC. & INDEM. CO.

No. 12120.

253 F.2d 599 (1958)

VILLAGE OF CAMBRIDGE, ILLINOIS, for the Use and Benefit of R. Clyde SHILLING, Plaintiff-Appellee, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

March 31, 1958.

Attorney(s) appearing for the Case

John E. Cassidy, Jr., Peoria, Ill. (John E. Cassidy, Sr., Peoria, Ill., on the brief), for defendant-appellant.

Elmo E. Koos, Peoria, Ill. (Irwin S. Rubelle, Peoria, Ill., on the brief), for plaintiff-appellee.

Before DUFFY, Chief Judge, and FINNEGAN and PARKINSON, Circuit Judges.

PARKINSON, Circuit Judge.

This is an appeal from a jury verdict of $9,072 in favor of the plaintiff on a contract performance bond executed by Frederick N. Frank, Inc., the contractor, as principal and the defendant as surety.

There is no conflict in the evidence. The facts are that Frederick N. Frank, Inc. entered into a contract with the Village of Cambridge, Illinois for the construction of a sanitary sewer system; that it gave an Illinois statutory performance...

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